extraordinary remedy that the Applicant is not required to exhaust prior to seizing
this Court.s Similarly for the Application for Review.6
40. lt is therefore
clear that the Applicant has exhausted all the available ordinary
remedies that he was required to exhaust. For this reason, the Court dismisses
the objection based on the non-exhaustion of all local remedies proposed by the
Respondent State.
ii.
objection based on alleged non-compliance with a reasonable time
41.
The Respondent State submits that the Applicant filed this Application five (5)
years and two (2) months, after the Respondent State deposited the Declaration
prescribed under Article 34(6) of the protocol.
42. The Respondent
State maintains that the Application is inadmissible on the
grounds that it has not complied with the conditions of admissibility envisaged in
Rule 40 (6) of the Rules.
43.
The Respondent State relying on the jurisprudence of the African Commission on
Human and Peoples' Rights in Majuru v. Zimbabwe,T maintains that six (6)
months is a reasonable period within which the Application should have been
filed.
44. ln his Reply, the Applicant refutes the Respondent State's allegations
on
reasonable time and argues that the Declaration filed under Article 34 (6) of the
Protocol was deposited thirty (30) months after the Court of Appeal's Judgment
in Criminal Case No.22812005. The Applicant adds that, at that time, he was
already incarcerated following his conviction and moreover, he had no access to
information.
s
Alex Thomas v Tanzania Judgment paras. 6s; Mohamed Abubakari v Tanzania Judgment op.cit.
paras. 66-70; Application No.011/201S. Judgment ot 2BtO9t2O17 Christopher Jonas v United
,
Republic
of Tanzania. (Christopher Jonas v Tanzania Judgment) para.44
6 Alex Thomas
v Tanzania J udgment para. 63.
7
v. Zimbabwe (2008) AHRLR 146. (ACHpR 2OOB).
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